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Dounreay cops patrol investigation

Three cleared in a case of mistaken identity

DOUNREAY security officers called in their Police Scotland counterparts after making an unexpected discovery during a routine patrol.
One of the armed guards told of how they encountered a suspicious vehicle while patrolling near Reay, in April last year and decided to check it out.
It led to the appearance of three men in the dock, at Wick Sheriff Court, last week. They were John Ross Mackay, 25, of 128 Totiegan, Strathy Point, 24-year-old Niall Gunn of 7 Steven Terrace, Strathy, and David Robertson Mackay, 29, of 2 The Avenue, Reay.
David Mackay denied attempting to pervert the course of justice by absconding from Civil Nuclear police and making false statement to police that his car had been stolen. John Mackay and Niall Gunn pleaded not guilty to attempting to pervert the course of justice by making a false statement to the police. After some confusion over the identification of the driver, the case collapsed and the trio were cleared of the charges.
The court heard that Dounreay police officers Gary Baillie and Graeme Falconer came upon a car in a layby around 1.30am on April 19.
Mr Baillie said they continued their patrol but when they saw the green Volkswaggon Passat was still there when they returned about 2am, its engine running and headlights on, they decided to investigate and do what he termed as "a welfare check".
Mr Baillie, who was given permission not to expand on details of their patrol, for security reasons, said that the driver appeared to be asleep and an attempt to rouse him by knocking on the window proved unsuccessful. Mr Baillie said he got a "mumbled response", from the front passenger and noticed a bottle of vodka and three cans at his feet. Mr Baillie said that his colleague subsequently managed to get details from the driver who gave his name as David Mackay. I informed my control room and I understand they go in touch with Police Scotland." Police officers including a dog handler attended at the scene.
Mr Baillie told the court that Mr Falconer switched off the engine and confiscated the keys .
He said that the driver ran off down the road in the direction of Reay and himself and his colleague pursued him. Mackay left the road and took off, 50 yards over marshy terrain into the hill, but were told to abandon the chase to stand down and returned to their vehicle as it contained weapons.
Mr Baillie pointed to David Mackay flanked by his two co-accused in the dock.
However, cross examined by David Mackay, Mr Baillie conceded that the description of the accused he had given police in a statement, was different.
At that point, Sheriff Andrew Berry intervened and said to Mackay: "Are you saying to the witness that having identified you as the person in the driver's seat who ran away, was not you."
Mr Baillie replied "Yes" and then identified John Mackay, seated on the right of David Mackay, as the person in the driver's seat.
Following a recess for lunch, fiscal David Barclay said he was no longer seeking convictions and the three accused were formally found not guilty.